Tariff Filings: A Lawyer’s Perspective Gerald Wuetcher Assistant General Counsel Public Service Commission

Tariff Filings: A Lawyer’s Perspective

Gerald WuetcherAssistant General CounselPublic Service Commission

FILED RATE DOCTRINE

KRS 278.160: (1)Under rules prescribed by the commission, each utility shall file with the commission, within such time and in such form as the commission designates, schedules showing all rates and conditions for service established by it and collected or enforced. The utility shall keep copies of its schedules open to public inspection under such rules as the commission prescribes.

FILED RATE DOCTRINE

KRS 278.160: (2) No utility shall charge, demand, collect or receive from any person a greater or less compensation for any service rendered or to be rendered than that prescribed in its filed schedules, and no person shall receive any service from any utility for a compensation greater or less than that prescribed in such schedules.


What is a rate?


What is a

“condition of service”?


Effect of the

Filed Rate Doctrine


Purpose Behind the Rule

Ensures PSC review of rates/rules.

Prevent Discrimination.


Applying the Filed Rate Doctrine:

The RulesIf a fee is not in your tariff, you cannot charge it.

If a rule is not in your tariff, you cannot enforce it.

If a requirement is not in your tariff, you cannot impose it.

If a service is not in your tariff, you cannot be required to provide it.


Applying the Filed Rate Doctrine:

The RulesIf a requirement is in your tariff, you must enforce it.

If a charge or fee is in your tariff, you must charge it.


Billing Errors/Leak Adjustments:

Common Problems


Defenses/Exceptions

to the

Filed Rate Doctrine


Sanctions for Violating

the Filed Rate Doctrine


RequiredTariff Provisions


Tariff FilingsProcedure


Non-RecurringCharges


Free Serviceto

Fire Departments


Free Service:

•Water District Officials•Employees•Churches/Non-profit groups


Emergency Service: Utility may grant free or reduced rate service for the purpose of providing relief in case of flood, epidemic, pestilence, or other calamity

Notice & Approval of PSC Required Emergency Exception – Must

notify PSC w/i 5 days of providing the service


Special Contracts


Landlord/Tenant/Renter Issues

Required Landlord Guarantee of Payment Increased Deposit Requirement for Renters Imputation of Debts to Co-Renters


Credit Cards


Fire Protection Issues

• Disclaimer - Ability to Provide Fire Protection Service• Fire Sprinkler Service (Rules)• Limits on Free Water


Water Shortage Response Plans


Water Distribution Main Extension

Practices


Purchase Water Adjustments


Municipal WholesaleContracts


CONCLUSION


Gerald WuetcherAssistant General CounselPublic Service Commission

Documents

Tariff Filings: A Lawyer’s Perspective Gerald Wuetcher Assistant General Counsel Public Service Commission